Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using InstaBCM ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

InstaBCM is a cloud-based business continuity management platform that helps organizations create, manage, and maintain business continuity plans, conduct risk assessments, perform business impact analyses, and manage incidents.

3. Account Registration

To use the Service, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access
  • Be at least 16 years of age

You are responsible for all activities that occur under your account.

4. Subscription Plans and Payment

4.1 Free Plan

The Free plan provides limited access to the Service at no cost. We reserve the right to modify Free plan features at any time.

4.2 Paid Plans

Paid plans (Pro, Enterprise) are billed on a subscription basis. By subscribing, you authorize us to charge your payment method for the applicable fees.

  • Fees are charged in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We may change pricing with 30 days' notice
  • Failure to pay may result in suspension of your account

4.3 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period.

5. Your Data

5.1 Ownership

You retain all rights to your data. We do not claim ownership of any content you submit to the Service.

5.2 License to Us

You grant us a limited license to host, store, and process your data solely for the purpose of providing the Service to you.

5.3 Data Export

You may export your data at any time through the Service's export features or by contacting support.

6. Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code or interfere with the Service
  • Attempt to gain unauthorized access to any systems
  • Use the Service for any illegal or unauthorized purpose
  • Resell or redistribute the Service without authorization
  • Use automated means to access the Service without permission

7. Intellectual Property

The Service, including its design, features, and content (excluding your data), is owned by InstaBCM and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

8. AI-Generated Content

The Service uses artificial intelligence to generate content such as business continuity plans and recommendations. While we strive for accuracy:

  • AI-generated content is provided as a starting point and should be reviewed by qualified personnel
  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content
  • You are responsible for validating and customizing AI-generated content for your specific needs

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. Use of the Service is at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTABCM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless InstaBCM and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service or violation of these Terms.

12. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately.

Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which InstaBCM operates, without regard to conflict of law principles.

15. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and InstaBCM.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent.

17. Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@instabcm.com
Address: InstaBCM, Legal Team